Allahabad High Court
The Bestways School Society Thru. ... vs Lucknow Development Authority ... on 24 May, 2023
Bench: Rajan Roy, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:36803-DB
Court No. - 2
Case :- WRIT - C No. - 4257 of 2023
Petitioner :- The Bestways School Society Thru. Secy. And 2 Others
Respondent :- Lucknow Development Authority Lucknow Thru. Vice Chairman And 3 Others
Counsel for Petitioner :- Ishwar Dutt Shukla
Counsel for Respondent :- Ratnesh Chandra,C.S.C.
Hon'ble Rajan Roy,J.
Hon'ble Manish Kumar,J.
Heard Shri Ishwar Dutt Shukla, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Ratenesh Chandra, learned counsel for the oposite parties no. 1 to 3.
Earlier the petitioners had filed a writ petition before this Court seeking the following reliefs:-
"a) That a writ, direction or order in the nature of certiorari be issued cancelling the Annexures no. 1 and 2, notifications issued under sections 4 and 6 respectively of the land acquisition Act by summoning the originals including the Master.
b) That a writ petition or order in the nature of mandamus be issued directing to opposite parties not to take possession and continue the work of demarcation etc. on the spot about the Land mentioned in Annexures no. 1 and 2.
c) That any other writ, direction or order to which this hon'ble court may deem fit in the circumstances of the case, be issued.
d) That the cost of the petition be awarded to the petitioners."
By means of the aforesaid writ petition the acquisition notifications were challenged. The said writ petition along with other writ petitions were dismissed on 23.02.1984 without interfering with the acquisitions. Leading writ petition in the said bunch was Writ Petition No. 1079 of 1983.
Now, in the year 2023 this writ petition has been filed by the petitioners seeking the following relief:-
"(a) issue a writ, order or direction in the nature of mandamus to the opposite parties to take an early decision on the representations dated 5.3.2022 & 13.3.2023 vide Annexure Nos.1 and 2 respectively regularizaing the petitioners' institution referred to above and saving their eviction from plot number 1491, situate in village Ujariyaon/Gomti Nagar, Lucknow, within a reasonable time frame to be fixed by this Hon'ble Court."
Plot no. 1491 mentioned in the relief clause quoted above is the same plot which was acquired and was the subject matter of the earlier litigation which came to an end on 23.02.1984.
We asked the learned counsel for the petitioners as to what he means by seeking regularization of petitioner - Institution he submitted that petitioner no. 1 is an educational institution and petitioner no. 2 is its Committee of Management and that it should be allowed to run on the said plot.
We fail to understand as to under which provision of law we can grant the relief prayed for once the land has been acquired. No such provision has been placed before us by the learned counsel for the petitioners. Reliance placed upon the judgment of Hon'ble the Supreme Court in Jagpal Singh and Ors. Vs. State of Punjab and Ors. reported in AIR 2011 SC 1123, is misconceived, as, that was a case where encroachment on pond land was under consideration and certain exceptions were carved out, but, the case at hand is one of compulsory acquisition as per law. The disposal of the application is not a statutory right. We, therefore, decline to interfere in the matter
Accordingly, the writ petition is dismissed.
.
(Manish Kumar,J.) (Rajan Roy,J.)
Order Date :- 24.5.2023
R.K.P.
